STATE v. STEPHENS

No. 7716SC748.

241 S.E.2d 382 (1978)

35 N.C. App. 335

STATE of North Carolina v. Ricky A. STEPHENS.

Court of Appeals of North Carolina.

February 21, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Lucien Capone III, Raleigh, for the State.

Martha K. Walston, Lee & Lee, Lumberton, for defendant-appellant.


ERWIN, Judge.

The defendant contends that although the motion to suppress evidence of the viewing was properly allowed, the court erred in allowing the in-court identification for the reason that the in-court identification was so tainted by the unlawful viewing that the two cannot be separated. We do not agree.

An in-court identification of an accused by a witness who took part in such an improperly conducted pre...

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